Liability, awards and settlements

23.10, Queen of the North, jury trial

Canada: a British Columbia Supreme Court justice began to untangle the mess of litigation resulting from the loss of life, possessions and the trauma suffered by passengers of sunken passenger ro/ro Queen of the North. The judge ruled that the wrongful death matter surrounding the presumed drowning of two passengers may proceed to a jury trial and will not be bundled with other lawsuits pertaining to the sinking. The vessel sank in the early morning hours of Mar 22, 2006, after running aground at Gil Island. The bodies of passengers Gerald Foisy and Shirley Rosette were not found and they are presumed drowned. Their families launched a lawsuit against BC Ferries, the vessel’s master and two crew members who were on the bridge that night. Counsel for BC Ferries had applied to have the wrongful death matter heard at the same time as the court proceedings involving the other surviving passengers. The Foisy and Rosette matter is expected to proceed to trial in Vancouver starting on Feb 2, 2009. The judge said in his written reasons that the legal actions of the other surviving passengers deal with different issues and should be heard together, but at a later date.